• Domestic violence case

I married in Feb 2014. I and my wife both are government servants. We have a son who is 1.5 years old. We live in a joint family. I stay with my parents along with my wife & son. In April 2016, my wife & in laws came home. My wife demanded that she wants to live separately without my parents. I declined and she left the house. Now on Oct 2016 she has a filed a Domestic Violence case against me & my parents & I have received orders from court for appearance. She is working in a PSU bank and had posting outside Mumbai. I work in Mumbai. She used to come home once a week. In that also she meet her parents quite often. I am totally unaware of the DV act & the case filed by my wife. Can anyone please guide & advice on the possible consequences that will happen to me & my parents? I want to live with both my parents & wife.
Asked 2 years ago in Family Law from Greater Mumbai, Maharashtra
Religion: Hindu

1) you have to engage a local lawyer and appear on said date

2) file detailed reply denying the allegations made in complaint

3) burden of proof is on your wife to prove allegations made in complaint

4) your parents need not appear in court on each date if they are represented by lawyer

5) DV cases take 5 years to be disposed of

6) since your wife she would not get maintenance unless there is wide disparity in your incomes

7)she can seek maintenance for child

8) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
54301 Answers
3260 Consultations

5.0 on 5.0

1. Do not worry then PWDV case is case of civil nature .

2. So you have to just appear in the case through your advocate and contrest the same by filing your reply.

3.in this case apart from order of maintenance nothing much is passed.

4. if you have any immovable proeprty, transfer the same in the meantime.

5.If the dispute is not serious then you can talk to her in person to break the ice and resolve the dispute amicably.+

Devajyoti Barman
Advocate, Kolkata
14647 Answers
203 Consultations

5.0 on 5.0

Dear Querist

No need to worry, in domestic violence act she can claim protection, right to residence, maintenance for child, child custody and compensation as per section 18,19,20,21,&22 of protection of women from domestic violence act 2005,

Appear before the court and if copy of complaint has not been received with the court summon then demand the copy and court will fixed the matter for your reply on her complaint.

There is no jail hence no need for any bail, if your parents are unable to appear before the court then file an application for exemption from personal appearance.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
5015 Answers
236 Consultations

4.9 on 5.0

1. You have not stated what are the reliefs claimed by your wife in her DV case. In a DV case the wife can claim protection order, maintenance and separate accommodation at her husband's expense.

2. The onus to prove the commission of domestic violence is on her as she has filed the case. You can fittingly contest her case on merits.

3. Engage a lawyer for your defence.

Ashish Davessar
Advocate, Jaipur
24668 Answers
690 Consultations

5.0 on 5.0

What all reliefs have been claimed by her in her domestic violence case filed against you people.?

There is nothing unusual in this because the women these days use such women biased laws as weapons to put pressure on their spouses.

If you consider it ti be false case, you can challenge the same in the court properly during trial.

There is nothing to be worried about this case, you can obtain exemption for your parents personal appearance by filing a petition under section 205 cr,pc and can face this quasi civil case accordingly.

You can balance between yor prents and wife and live a life whichever suits better but remember that do not budge to any pressure from her by ignoring yor parents.

T Kalaiselvan
Advocate, Vellore
44282 Answers
506 Consultations

5.0 on 5.0

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